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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />the sole expense of the CITY, all permits required for the operation of the Commuter /Intercity <br />Rail Station. <br />3.03 Maintenance and Repair. The CITY agrees, at no cost to the AUTHORITY, to maintain <br />and repair the Non - Operating Property that is described in Exhibit C as well as that portion of <br />OC Streetcar System Property that is described in Exhibit C, in good condition and order, and <br />free from refuse, for the benefit of the public and the persons using the Commuter /Intercity Rail <br />Station for so long as the AUTHORITY shall serve commuter /intercity rail passengers at the <br />Commuter /Intercity Rail Station pursuant to this Agreement. <br />3.04 OCTA/SCRRA Right of Way Right of Entry. CITY shall, and shall require its contractors, <br />to notify and receive prior permission from the SCRRA In advance of any work to be performed <br />on the SCRRA /OCTA Right of Way. Additionally, the CITY and its contractors shall comply with <br />all SCRRA safety requirements and obtain appropriate SCRRA Right of Entry documents. <br />3.05 OC Streetcar System Property Right of Entry. All work activities, either those of the <br />CITY or third parties, within the controlled work access zone limits depicted and described in <br />Exhibit D, Streetcar Controlled Work Access, require a permit issued by the AUTHORITY prior <br />to work commencing. The CITY shall not issue any permits to any third parties to work in the <br />Streetcar Controlled Work Access area, within the controlled work access zone without prior <br />evidence of a current AUTHORITY access permit. <br />3.06 Insurance. The CITY shall, during the term of this Agreement, maintain adequate liability <br />insurance and in no event less than two million dollars ($2,000,000) per occurrence and in the <br />aggregate, for claims relating to bodily injury, death, property damage and all automotive <br />operations, which arise out of CITY's obligations under this Agreement. Such insurance may be <br />in the form of a policy of commercial insurance, self- insurance, joint powers insurance authority <br />or combination thereof. The AUTHORITY, its officers, agents and employees shall be named as <br />an additional insureds on the CITY's policies. The requirement for insurance shall not limit or <br />otherwise modify the CITY's defense and indemnity obligations as set forth in Section 3.07 <br />hereof. <br />5of13 <br />25H -9 <br />